1. ENTIRE AGREEMENT: This agreement contains the entire understanding between “ByAmoor of ByAmoor Inc” and “THE CLIENT”. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2. RESERVATION: Upon your signature, “BYAMOOR INC” will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Retainer is non-refundable, even if the date is changed or the booking is canceled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Retainer is to be paid at the time of signing the contract. The Reservation Retainer is applied towards the contracted photography and video package. THE CLIENT understands and agrees that the entire amount owed for the photography and video package described in the contract is due upon the completion of the contract terms.
3. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
4. SHOOTING TIME / ADDITIONS: The photography and video schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and “BYAMOOR INC.” agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the event start late due to any reason whatsoever, “BYAMOOR INC.” will not be held liable for any photographs not taken.
5. DIGITAL NEGATIVES, PRINTS, and COPYRIGHTS: The photographs, digital negatives or prints produced by “BYAMOOR INC.” are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without “BYAMOOR INC.”’s explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:
• The negatives and/or slides are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
• THE CLIENT must obtain written permission from, and compensate “BYAMOOR INC.” prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
6. MODEL RELEASE: THE CLIENT hereby assigns and grants “BYAMOOR INC.” and its legal representatives the irrevocable and unrestricted right to use and publish photographs and Video of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases “BYAMOOR INC.” and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that “BYAMOOR INC.” may display and use the photographs and video taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, storefronts, window displays, studio display, television advertising, magazine advertising, and any other purpose thought proper by “BYAMOOR INC.”.
7. RIGHT OF WITHDRAWAL: “BYAMOOR INC.”’s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; negative comments; abuse and mistreatment; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should “BYAMOOR INC.” initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, $200.00 an hour is charged for all photography and video services already provided and $75.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
8. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. “BYAMOOR INC.” will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. “BYAMOOR INC.” takes the utmost care with respect to exposure, transportation, and processing of photographs; including using professional-grade equipment and professional-grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond “BYAMOOR INC.” control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
9. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, “BYAMOOR INC.” cannot place an unconditional guarantee on the above. “BYAMOOR INC.” will not be held responsible for any ruined photographs due to guests’ (or any other) flashes, or any other ruined photographs due to any other cause in or outside of “BYAMOOR INC.”’s control.
10. PERFORMANCE: The performance of this contract on behalf of “BYAMOOR INC.” shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
11. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
12. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and “BYAMOOR INC.” at the time of acceptance of this contract shall be recognized as amendments to this contract.
13. PENALTY FEES & CHARGES: There is a $200.00 late payment fee for any payments that are not postmarked or delivered to “BYAMOOR INC.” by the required date. 100.00 service fee will be charged for an NSF cheque.
14. EXCLUSIVE PHOTOGRAPHER & VIDEOGRAPHER: It is understood that no other photographer/videographer, amateur or professional, shall not interfere to photography/videographer at the event near the Photographer/Videographer while he/she is working due to reasons of the photographer/videographer delivering the quality of images & video as expected. Any breach of this agreement can constitute a reason for non-completion of the job with no liability to “BYAMOOR INC.”.
15. GUARANTEED DELIVERY: “BYAMOOR INC.” agrees to have the contracted order for edited photographs completed within 12 weeks of time from the day of the event. Also, any other photographic orders will be completed within 12 weeks of order placement. This guaranteed delivery time is dependent upon “BYAMOOR INC.” having the digital files in their physical control, approval from THE CLIENT
16. INDEPENDENT CONTRACTOR: This contract is not to be construed as an employment agreement in any way. “BYAMOOR INC.” functions as an independent contractor.
17. CANCELLATION: In the event, THE CLIENT must cancel the contracted services for photography and video on this contract, “BYAMOOR INC.” agrees to refund all money paid, excluding the reservation deposit.
18. EXPENSES: THE CLIENT is responsible for all travel, accommodations, meals and transport costs unless otherwise noted in the contract.
19. PERMITS: It is the sole responsibility of THE CLIENT to secure the permission/permits of the Location Management or the PARTY in-charge of the location or premise where the photography and video will take place.
20. AGENDA: The client agrees to provide “BYAMOOR INC.” with a complete Photographer’s Agenda 2 weeks prior to the wedding. The list of groups should be in the order that you would like to take the photographs and should specify the time and location for each photograph. It is the responsibility of the clients to ensure that guests for group shots are present at the location for the time allotted for their shot. Please estimate 10 minutes for each group. Although “BYAMOOR INC.” does its best to document as many of your guests as possible, we cannot be responsible for taking formal portraits that are not on the agenda.
21. PARKING: The client must provide parking as close to the event as possible.
22. CHANGES: All images will be edited to “BYAMOOR INC” Quality standards. Any additional changes will be billed at 50.00 per change. Major change to edited images will be billed at 75.00 each.
23. PRINTING: Storybook images are to be selected by the client. “BYAMOOR INC.” will design the storybook with a creative and artistic view. Clients may make up to 5 minor changes in page changes. Any additional changes will be billed at $50 per change. Major design changes billed at $75.00.
24. SELECTION: Clients have 60 days after delivery of edited images to select photos for traditional mat albums, storybooks or other printing packages (if included in the package). Once this time period is over, “BYAMOOR INC.” WILL NOT guarantee completion of printing packages within a reasonable time.
25. COURIER: Should the client require certain items to be couriered to them, it is agreed that the photographer will not pay any courier costs. However, the photographer will courier those items by C.O.D. service, plus a $15 (fifteen dollars) surcharge.
26. BACKUPS: It is the sole responsibility of the client to ensure backups are made after receiving download links to the online gallery. The Gallery will be up for a time period of 12 months, after which a $50 fee will be charged to reupload gallery.
I have read, understood and initialed the TERMS AND CONDITIONS provided by “BYAMOOR INC.”. I hereby agree to the terms of this agreement.